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Supreme Court of India 2018-09-26 partly_allowed

Uttaradi Mutt vs Raghavendra Swamy Mutt

Bench: 3 — A.M. Khanwilkar

In Brief

The case involves a dispute between two mutts (religious institutions) over property rights and the scope of appellate review. The High Court had allowed the respondent's applications to adduce additional evidence and remanded the entire case to the trial court for fresh decision. The Supreme Court held that while the High Court was correct in allowing the applications for additional evidence, it was wrong to relegate the parties to the trial court. Instead, the appellate court should direct the lower appellate court to record the additional evidence and return findings to the high court, which would then decide the appeal on the substantial questions of law already framed.

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Civil Procedure Appellate Jurisdiction Additional Evidence Remand Injunction

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